HomeMy WebLinkAbout1997-06-18; Planning Commission; Resolution 4123A
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PLANNING COMMISSION RESOLUTION NO. 4123
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
CONSTRUCTION OF TWO GATED ENTRIES FOR THE
BELLA LAGO DEVELOPMENT (AVIARA PLANNING AREA
28) ON PROPERTY GENERALLY LOCATED SOUTH OF
BATIQUITOS DRIVE, AT PELICAN DRIVE AND
SHOREBIRD LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 19
CASE NAME: BELLA LAGO ENTRY
CASE NO.: SDP 97-06
WHEREAS, Brookfield Carlsbad, “Developer”, has filed a verified applic
with the City of Carlsbad regarding property owned by Brookfield Carlsbad, ‘‘OF
described as
DEVELOPMENT PLAN NO. SDP 97-06 TO ALLOW THE
A portion of lots 1,32,48 and 64 of Carlsbad Tract No CT 90-
31, according to Map No. 13369, filed in the Office of the
County Recorder on November 11, 1996, in the City of
Carlsbad, County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Develo:
Permit as shown on Exhibits “A” - “F” , dated June 18, 1997, on file in the Pls
Department, Site Development Plan SDP 97-06 as provided by Chapter 21.06 of the Ca
Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of June 1997,
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all test
and arguments, if any, of all persons desiring to be heard, said Commission considered all :
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1,
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Plan
Commission APPROVING the Site Development Plan, SDP 97-06 based 01
following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environn
settings, is consistent with the various elements and objectives of the General Plar
not be detrimental to existing uses or to uses specifically permitted in the area in 7
the proposed use is to be located, and will not adversely impact the site, surroundil
traffic circulation, in that the proposed entry improvements will not interfere
adequate traffic sight distance and will not encroach into natural open space.
2. That the site for the intended use is adequate in size and shape to accommodate the L
that, as shown on Exhibits “B”-“D”, dated June 18, 1997, all proposed develoF
can fit within the roadside and median islands, with only those encroachment
the City or private rights-of-way previously approved through CT 90-31.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to
the requested use to existing or permitted future uses in the neighborhood w
provided and maintained, in that no impacts to existing or future uses il
neighborhood will occur due to the development of the proposed
monumentation since access to the lagoon is provided through the trailhead pa
area and North Shore access trail in the northwest corner of Planning Area 28.
4. That the street systems serving the proposed use is adequate to properly handle all
generated by the proposed use, in that the proposed gated entries do not general
significant traffic and adequate queuing distance exists between the gates am
public right-of-way.
5. That the Planning Director has determined that the project is exempt fro1
requirements of the California Environmental Quality Act (CEQA) per Section 15:
of the State CEQA Guidelines and will not have any adverse significant impact (
environment.
Conditions:
1. The Planning Commission does hereby APPROVE the Site Development Plan 1
project entitled “Bella Lago Entry” (Exhibits “A” - “F”, dated June 18, 1997, I
in the Planning Department and incorporated by this reference, subject to the con(
herein set forth.) Staff is authorized and directed to make, or require Developer to
all corrections and modifications to the Site Development Plan documents, as necc
to make them internally consistent and in conformity with final action on the p
Development shall occur substantially as shown in the approved Exhibits. Any prc
PC RES0 NO. 4123 -2-
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development substantially different from this approval, shall require an amendmc
this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
3. Approval of SDP 97-06 is granted subject to the approval of CDP 97-20. SDP 97
subject to all conditions contained in Planning Commission Resolution No. 41;
CDP 97-20.
4. The Developer shall prepare a detailed landscape and irrigation plan in conformancc
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The
shall be submitted to and approval obtained fi-om the Planning Director prior 1
approval of the final map, grading permit, or building permit, whichever occurs first
Developer shall construct and install all landscaping as shown on the approved plan
maintain all landscaping in a healthy and thriving condition, free from weeds, trasl
debris.
5. The first submittal of detailed landscape and irrigation plans shall be accompanied 1
project’s building, improvement, and grading plans.
General Condition:
6. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to
implemented and maintained according to their terms, the City shall have the ri,
revoke or modify all approvals herein granted; deny or further condition issuance
future building permits; deny, revoke or further condition all certificates of occu
issued under the authority of approvals herein granted; institute and prosecute litigal
compel their compliance with said conditions or seek damages for their violatio
vested rights are gained by Developer or a successor in interest by the City’s appra
this Site Development Plan.
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PC RES0 NO. 4123 -3 -
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1 II PASSED, APPROVED AND ADOPTED at a regular meeting of the pla
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Commission of the City of Carlsbad, California, held on the 18th day of June 1997, b
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heinc
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
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CARLSBAD PLANNING COMMISSION
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ATTEST:
v MICHAEL J. HOLZMIL~~R
Planning Director
PC RES0 NO. 4123 -4-